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Natural Rights, Morality, and the Law  [PDF]
Drum Peter
Beijing Law Review (BLR) , 2011, DOI: 10.4236/blr.2011.21004
Abstract: It is argued that despite attempts to discount the importance of natural rights for morality, they are fundamental to it; therefore, so too are natural rights to the legitimacy of the law.
Law and morality in contemporary philosophy of law  [PDF]
Stankovi? Dejan Vuk
Filozofija i Dru?tvo , 2002, DOI: 10.2298/fid0209203s
Abstract: In this paper, author tries to analyze complex character of the relation between law and morality in contemporary law philosophy. There are three approaches to the issue of relation between law and morality: natural law theory (identity thesis), positivist (separation thesis) and Anglo-American analytical jurisprudence (polarity thesis). The identity thesis-law and morality are basically identical, although basic principles of morality are subordinated to the positive legal rules; the separation thesis-law and morality are quite different system of norms: positive legal rules are completely deprived of any moral content; Polarity thesis - law and morality are different systems of norms which complement to each other. The polarity thesis is exemplified in theories of Herbert Hart and Ronald Dworkin's. At the logical level, polarity thesis overcomes and specifically synthesizes abstract character and reductionism of identity and separation thesis. At the socio-historical level, the polarity thesis is result of historical development of legal and political institutions.
The future of morality and international justice  [PDF]
Raki? Vojin
Filozofija i Dru?tvo , 2010, DOI: 10.2298/fid1001019r
Abstract: The focus of this paper will be on the issue of justice, specifically in international relations. In that context, a number of existing theories of international justice will be briefly reviewed. Afterwards, I will turn to the question of what justice actually is. The assertion that justice is based on the idea of freedom will be substantiated. I will attempt to support my position with Doyle's and Kant's argumentation. It will be concluded that there are robust arguments in favor of the thesis that our historical development is marked by a gradual expansion of freedom and justice. Furthermore, we have strong reasons to aspire liberal internationalism based on the idea of humanity's gradual approximation of some form of global state because such a conception might be the best warrant of justice in international relations.
Go local: morality and international activism  [cached]
Aleksandar Jokic
Ethics & Global Politics , 2013, DOI: 10.3402/egp.v6i1.20017
Abstract: A step towards constructing an ethics of international activism is proposed by formulating a series of constraints on what would constitute morally permissible agency in the context that involves delivering services abroad, directly or indirectly. Perhaps surprisingly, in this effort the author makes use of the concept of ‘force multiplier’. This idea and its official applications have explanatory importance in considering the correlation between the post-Cold War phenomenal growth in the number of international non-governmental organizations and the emergence of the US as the sole, unchallenged superpower. Four moral constraints useful for morally assessing international activism are formulated and defended. The final outcome is an argument in favor of an overarching duty for any activist-minded Westerner to go local, while developing nations are urged to closely regulate, even criminalize, activities by international activists and ‘human rights organizations’ on their territory when not in solidarity or in support of local movements. The position defended, urging the normative primacy of local over international activism, also finds support in Immanuel Kant's Third Definitive Article for A Perpetual Peace.
On Economic Analysis of International Law  [cached]
Nai-gen ZHANG
Canadian Social Science , 2006,
Abstract: The economic analysis of international law is the new development of international law theories in last decade. Based on existing references, this thesis intents to promote application of economic analysis of international law in China with pluralistic ways of research (for examples, political, legal and economic) in order to understand the contemporary issues of international law and to have new ideas. The part I is a brief comparison between domestic and international laws from economic perspective, and then a description of applicable economic analysis for international law with an emphasis of its theoretical and practical significances. The part II is focused on Coase’s Law & Economics as the basis of economic analysis of international law. The part III to V provide with a few examples of economic analysis of international laws, i.e. law of international economic organization, international environmental law and international humanitarian law. The conclusion is given finally. Key words: theory of international law, economic analysis, law of international economic organization, international environmental law and international humanitarian law Résumé: L’analyse économique de la loi internationale est le nouveau développement des théories de la loi internationale dans la dernière décennie. Basé sur des références existantes, cette thèse tente de promouvoir l’application de l’analyse économique de la loi internaionale en Chine avec des méthodes de recherche pluralistes(par exemple, politique, légale et économique) afin de comprendre les problèmatiques contemporains de la loi internationale et de s’en faire de nouvelles idées. La partie I procède à une comparaison brève entre les lois domestiques et internationales sous l’angle économique et à une description des analyses économiques applicables aux lois internationales en mettant l’accent sur leurs significations théoriques et pratiques. La partie II se concentre sur la Loi de Coase&Economie qui sert de base d’analyse. De la partie III à la partie V, on trouve des exemples de l’analyse économique des lois internationals, par exemple, la loi internationale de l’organisation économique , la loi international de l’environnement et la loi internationale humaniste. Enfin, la conclusion est dégagée. Mots-Clés: théorie de la loi internationale, analyse économique, loi internationale de l’organisation économique, loi internationale de l’environnement et loi internationale humaniste
The Place of Law and Morality in Pre-Colonial Yourubaland: A Case Study of Akure  [cached]
Adedayo Emmanuel Afe
Canadian Social Science , 2012, DOI: 10.3968/j.css.1923669720120803.3136
Abstract: This paper examines the significant roles that laws and morality played in the maintenance of law and order in pre-colonial Akure. The paper argues that though pre-colonial Akure was not entirely free from crime, as no society is absolutely crime free, law and morality were used by the people in ensuring a sane society, where there was reasonable peaceful cohabitation. The paper, therefore, concludes by advocating the resuscitation of morality as one of the mechanisms to reduce corruption and societal decadence that has hampered our society’s development. Key words: Morality; Law; Crime; Security; Society
International law and communicable diseases
Aginam,Obijiofor;
Bulletin of the World Health Organization , 2002, DOI: 10.1590/S0042-96862002001200008
Abstract: historically, international law has played a key role in global communicable disease surveillance. throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of european nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the world health organization, the world trade organization, the food and agriculture organization, and the office international des epizooties. the globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.
International law and communicable diseases  [cached]
Aginam Obijiofor
Bulletin of the World Health Organization , 2002,
Abstract: Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boundaries of global health governance through legally binding and "soft-law" regimes negotiated and adopted within the mandate of multilateral institutions - the World Health Organization, the World Trade Organization, the Food and Agriculture Organization, and the Office International des Epizooties. The globalization of public health has employed international law as an indispensable tool in global health governance aimed at diminishing human vulnerability to the mortality and morbidity burdens of communicable diseases.
International Law and International Relations: Norm and reality or viceversa  [cached]
Fred Grunfeld
Amsterdam Law Forum , 2011,
Abstract: The fields of Public International Law (PIL) and International Relations (IR) share the same research area: international politics.This article focuses on the differences between social scientists (especially political scientists studying International Relations) and legal researchers (specifically in the fields of Public International Law and human rights) in terms of research methods. The focus on methodology will highlight the difference between the researchers of Public International Law on the one hand, and International Relations on the other.
The Method of Recognizing International Law  [PDF]
Alireza Azadikalkoshki, Mohsen Hosseinabadi
Open Journal of Political Science (OJPS) , 2018, DOI: 10.4236/ojps.2018.82012
Abstract: The United Nations, as the central core, coordinates the steps taken to establish international peace and security and to develop friendly relations between countries, based on the principle of equality of rights and autonomy of nations, and achieve international cooperation in the sphere of economic, social and cultural affairs and encourage governments to respect human rights and fundamental freedoms. Hence, all countries should, with respect to membership in the organization, act in accordance with the obligations under the Charter and resolve all their international disputes through peaceful means, based on the principles of justice and international law. However, there are two methods for recognizing international law:?the method of social cognition and rational method. The social recognition method of the international system is to abandon theoretical insights of international law and address existing facts and to extract the patient and accurate historical and social data that constitute the living material or the substance of the legal rule. The method of the logical recognition of the principles and rules of international law is to explain the nature and method of legal argument that has a significant impact on the proper understanding of the legal rules and the recognition and analysis of international law and finally the introduction of a system governing international relations. Using the first method, the international community is described first. Then, its life is studied in motion (inductive method); as using the second method, the accuracy and inaccuracy of those cases and judgments are evaluated, which?are?the introduction of other judgments (deductive method). These two methods, that is, the objective observation of events and logical reasoning, if coordinated, will pave the way for the analysis of the international system and explain its characteristics, and international law will be in its place.
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